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OPINION

Coons’ vote against Adegbile was just plain wrong

I write to express both my specific disappointment with Sen. Chris Coons’ decision to vote against the confirmation of Debo Adegbile to head the Civil Rights Division of the Department of Justice and my general frustration with Delaware’s elected representatives’ submission to the will of law enforcement on many important issues of criminal justice.

Clearly Debo Adegbile is the most qualified candidate to head the Civil Rights Division of the Department of Justice. For 14 years, Mr. Adegbile has worked for the NAACP Legal Defense and Education Fund where he ascended to the role of Director of Litigation. LDF is the country’s first and foremost civil and human rights law firm. It was founded in 1940 under the leadership of Thurgood Marshall, who subsequently became the first African-American U.S. Supreme Court Justice. LDF lawyers were responsible for the victory in Brown v. Board of Education, and more recently advocated on behalf of minority voters adversely impacted by certain states’ efforts to gut the Voting Rights Act. Mr. Adegbile argued before the United States Supreme Court in that case.

As Director of Litigation for the LDF, Mr. Adegbile filed amicus appellate briefs on behalf of Mumia Abu-Jamal, a black man convicted for the 1981 killing of Philadelphia police officer Daniel Faulkner. These briefs addressed a violation of the principles set forth in Batson v. Kentucky, a case that stands for the proposition that it is unconstitutional for prosecutors to exclude jurors from serving on a case based upon their race. During jury selection, the prosecution removed 10 African-American potential jurors from serving. It is Debo Adegbile’s efforts to uphold this constitutional principle that led Sen. Coons to vote against his confirmation.

The history of American justice is filled with lawyers who took on unpopular clients in the name of the rule of law. From John Adams representing British soldiers charged in the Boston Massacre through ACLU lawyers of the Jewish faith defending the right of Neo-Nazis to march in Skokie, Ill., the finest of our legal tradition have always believed fighting for a cause on behalf of the most vilified is essential if we truly believe everyone is entitled to equal justice under the law. By his vote, Sen. Coons did a disservice to all lawyers who advocate on behalf of unpopular clients. The message sent is that, if you wish to seek appointment to any position in public service, you best not advocate for a person that law enforcement does not hold in esteem.

Sen. Coons defended his vote by stating he was troubled that Mr. Adegbile would face such “visceral opposition from law enforcement on his first day on the job.” Had Debo Adegbile been nominated to become chief of police, Sen. Coons’ concerns might be legitimate; however, the mission of the Civil Rights Division is to uphold the constitutional rights of individuals, not the police.

The Civil Rights Division regularly prosecutes cases against law enforcement officers or agencies for their use of excessive force in dealing with individuals. For Sen. Coons to have consulted with the President of the Fraternal Order of Police prior to casting his vote against Mr. Adegbile, was tantamount to prison inmates being consulted about the selection of their next warden.

Understand I am not anti-law enforcement. I have nothing but respect for the men and women who protect and serve us each time they put on their uniform. Nevertheless, it is clear Sen. Coons voted against Debo Adegbile not because he was not the best person for the job, but because of the political pressure he received from law enforcement, and that is wrong.

Sen. Coons is not alone in this regard. One need only look at the most recent appointments to our state and federal judiciary to see that our governor and U.S. senators have, for the most part, only seen fit to advance candidates to the bench who are prosecutors, notwithstanding the fact that there have been several highly qualified applicants from the criminal defense bar.

Finally, Senate Bill 19, legislation which would repeal the death penalty, remains tabled in the House Judiciary Committee due to the opposition of law enforcement. The bill is one vote shy of the six needed to take it out of Judiciary Committee for consideration by the full House. Those who have voted against SB-19 have cited the opposition of law enforcement as motivating their decision.

Two points should be kept in mind by those who choose to take this position. First, the threat of the death penalty did not prevent the tragic killings of Officer Chad Spicer or Lt. Joseph Szczerba. Secondly, SB-19 does not apply to the 17 men currently on Delaware’s death row. Officer Spicer’s killer will be executed for his crime.

The law enforcement community has First Amendment rights just like anybody else. As a lawyer, I would fight for their right to express their views. But to give the police veto power on important appointments to public office and legislation, is politics at its very worst.

Sen. Coons has done well for the people of Delaware in his first term in the Senate. But shame on any elected official who abandons his duty to consider an applicant for public service or legislation on the merits, and instead acts as the political proxy of law enforcement. We deserve better.